Hello Friends, I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.

Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.

If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?

My question is

With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion

The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.

All the best ...

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shana04

02-05 08:32 PM

My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

Thanks.

Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

If you plan to change employer and what if he revokes your I 140. so better to renew.

And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

Look at this guys..Sapin sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

http://www.msnbc.msn.com/id/26792948/

In USA, the company, who sponsored H/L visa and brought someone from home country is responsible for ticket to home country.

I wish this does not happen, but in all others case (H1B transfered, OPT -> H1B, EAD, etc.), one has to bear own expenses. Many H1B, students and EB guys have been compelled to go back to home country during last downturn - mostly they has gone back on own expense.

If one takes help of home country embassy (costs home country), that person may be barred from leaving home country in future.

trojan -- Thanks, even I found your posts helpful. Sounds like a good idea :)

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willwin

06-30 02:03 PM

Pappu,

Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?

Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.

I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?

You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.

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gc_dreamer_485

10-05 07:13 AM

I did call them several times in an attempt to talk to different individuals, but all them have said try contacting the area post office. I don't think area post office will be able to give any other information. Are you considering to re-file the case. Or would u be waiting to get the packet back?

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My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.

are you sure that the dates can retrogress by july 15???

Do you have a precedence of such thing happening???

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jonty_11

12-14 12:56 PM

Just called Ken Salazar's office, and made a comment to distinghuish between Illegal and Legals...and our retrogression issue.....again, seems like our cause is not something they know about...

Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...

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maverick_s39

01-13 06:05 PM

hi sathweb

Here is a link i found on immigration.com

http://www.immigration.com/newsletter1/submemoins.html

The last section "C. Disposition of Substitution Requests" says

" If the service center determines that the substituted alien meets the minimum requirements set forth in the initial labor certification application as of the date that it was filed with the state employment office and the I-140 petition is otherwise approvable, the I-140 petition shall be approved and processed like any other I-140 petition. The priority date shall be the date which the original labor certification application was filed with any office within the employment service system of the DOL. See 8 CFR 204.5(d). "

This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.

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gc_chahiye

09-21 03:25 PM

Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.

employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.

TomPlate

07-06 10:57 AM

07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications. * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek: DONT CREATE THREAD FOR EXISTING NEWS. WE ARE HOPING FOR POSTIIVE NEWS THE NEXT WEEK OF ACCEPTING APPLICATION WITH SAME FEE ON AUGUST VISA BULLETIN.

stemcell

07-14 01:43 PM

Paskal/Pappu

Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?